Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Acquiescence by a party

Legal area

Court

27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV316/1998

The Court exercised its discretion and, having found the respondent's acquiescence and failure to appeal earlier proceedings materially encouraged the appeals and that the respondent's success resulted from the court's view rather than the respondent's advocacy, held that exceptional circumstances existed and ordered that there be no order as to the respondent's costs of these appeals.
27 Sept 1999

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY

Citation

TONG TIM NUI AND OTHERS v. HONG KONG HOUSING AUTHORITY
Court

Court of Appeal
Case number

CACV322/1998

Though the respondent succeeded, the Court refused to follow the general rule because the respondent had acquiesced in the judge's conduct at various stages and failed to appeal the original judgment; the respondent's success resulted from this Court's view of the judge's judgment rather than from the respondent's arguments, and those exceptional circumstances justified making no order as to costs.